JUDGMENT

FAZL ALI, J. (for himself and on behalf of Krishna Iyer J.):—This is an appeal by special leave against the judgment of the Allahabad High Court dated May 17, 1966 by which the appeal against the 809 decision of a Single Judge of the High Court rejecting the writ petition of the appellants had been dismissed. An application for granting a certificate for leave to appeal to this Court was made by the appellants before the High Court which was also dismissed by order of the High Court dated August 7, 1967.

2. The case had a rather chequered career and the disputes between the parties were sometimes settled and sometimes re-opened. In order, however, to understand the point involved in the present appeal, it may be necessary to enter into the domain of the contending claims of the respective parties put forward before the Revenue Courts from time to time. To begin with the admitted position is that one Lachman the last propositor was the tenant and the tenure holder of the property in dispute which consists of 19.73 acres of land contained in Khatas Nos. 5 and 90 and 19.24 acres of land comprising Khatas Nos. 53 and 204. Lachman died in the year 1948 leaving behind three daugh